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EXPORT CONTROL ACT 2020


TABLE OF PROVISIONS

           Long Title

            

CHAPTER 1--Preliminary
            

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Objects of this Act  
   4.      Simplified outline of this Act  
   5.      Act binds the Crown  
   6.      Application of this Act in Australia  
   7.      Limited application of this Act outside Australia  
   8.      Extension of this Act to external Territories and other areas  
   9.      Application of this Act in external Territories and other areas  
   10.     Rights of foreign aircraft and vessels under Convention on the Law of the Sea not affected  
   11.     Concurrent operation of State and Territory laws  

   PART 2--INTERPRETATION

           Division 1--Definitions

   12.     Definitions  
   13.     Meaning of associate  
   14.     Meaning of Australian territory  
   15.     Meaning of entered for export  
   16.     Meaning of export operations  
   17.     Meaning of installation  
   18.     Meaning of integrity  
   19.     Meaning of occupier  

           Division 2--Other interpretation provisions

   20.     When goods are exported  
   21.     Persons who manage or control export operations  
            

CHAPTER 2--Exporting goods
            

   PART 1--GOODSAND--EXPORTS

           Division 1--Introduction

   22.     Simplified outline of this Part  

           Division 2--Prohibited goods and exports

              Subdivision A--Permanently prohibited goods and exports

   23.     Goods that are prohibited from export absolutely  
   23A.    Goods that are prohibited from export by sea  

              Subdivision B--Temporarily prohibited goods

   24.     Minister may temporarily prohibit export of goods from Australian territory, or from a part of Australian territory, for a period  
   25.     Variation of temporary prohibition determination  
   26.     Effect of temporary prohibition determination on government certificate or export permit  
   27.     Temporary prohibition determination prevails over inconsistent rules  

           Division 3--Prescribed goods and conditions of export

   28.     Rules may prescribe goods for the purposes of this Act  
   29.     Rules may prohibit export of prescribed goods subject to conditions  

           Division 4--Offences and civil penalty provisions

   30.     Exporting goods that are subject to prohibition on export--basic contravention  
   31.     Exporting goods that are subject to prohibition on export--intention to obtain commercial advantage  
   32.     Exporting goods that are subject to prohibition on export--economic consequences for Australia  
   33.     Conveying or possessing goods that are subject to prohibition on export and are intended to be exported etc.  
   34.     Exporting goods to a temporarily prohibited place--basic contravention  
   35.     Exporting goods to a temporarily prohibited place--intention to obtain commercial advantage  
   36.     Exporting goods to a temporarily prohibited place--economic consequences for Australia  
   37.     Conveying or possessing goods that are intended to be exported to a temporarily prohibited place etc.  
   38.     Exporting prescribed goods--non - compliance with prescribed export conditions--basic contravention  
   39.     Exporting prescribed goods--non - compliance with prescribed export conditions--intention to obtain commercial advantage  
   40.     Exporting prescribed goods--non - compliance with prescribed export conditions--economic consequences for Australia  
   41.     Conveying or possessing prescribed goods that are intended to be exported in contravention of conditions etc.  
   42.     Exporting prescribed goods to a particular place--non - compliance with prescribed export conditions--basic contravention  
   43.     Exporting prescribed goods to a particular place--non - compliance with prescribed export conditions--intention to obtain commercial advantage  
   44.     Exporting prescribed goods to a particular place--non - compliance with prescribed export conditions--economic consequences for Australia  
   45.     Conveying or possessing prescribed goods that are intended to be exported to a particular place in contravention of conditions etc.  
   46.     Producing or preparing prescribed goods or other goods at certain premises in contravention of conditions--general  
   47.     Producing or preparing prescribed goods or other goods at certain premises in contravention of conditions--goods to be exported to a particular place  
   48.     Making false or misleading representation about prescribed goods that are entered for export--general  
   49.     Making false or misleading representation about prescribed goods that are entered for export to a particular place  
   50.     Making false or misleading representation about non - prescribed goods that are entered for export  
   50A.    Penalties for certain contraventions by bodies corporate  

   PART 2--EXEMPTIONS

           Division 1--Introduction

   51.     Simplified outline of this Part  
   52.     Application of this Part  

           Division 2--Exemptions

   53.     Application for exemption  
   54.     Secretary must decide whether to grant exemption  
   55.     Exemption may be granted subject to conditions  
   56.     Notice of decision  
   57.     Period of effect of exemption  
   58.     Variation of conditions of exemption  
   59.     Revocation of exemption  
   60.     Effect of exemption  

   PART 3--GOVERNMENT--CERTIFICATES

           Division 1--Introduction

   61.     Simplified outline of this Part  

           Division 2--Rule-making powers

   62.     Rules may make provision for and in relation to government certificates  
   63.     Issuing bodies  
   64.     Certain issuing bodies may charge fees  

           Division 3--Issue of government certificate

   65.     Application for government certificate  
   66.     Additional or corrected information  
   67.     Issuing body must decide whether to issue government certificate  
   68.     Powers of Secretary in relation to application  
   69.     Applications in relation to certain kinds of non - prescribed goods  
   70.     Government certificate for goods that are to be, or that have been, exported from certain external Territories  
   71.     Manner of issuing government certificate  
   72.     Period of effect of government certificate  

           Division 4--Other matters

   73.     Secretary may require assessment of goods  
   74.     Additional or corrected information in relation to application for government certificate etc.  
   75.     Revocation of government certificate  
   76.     Return of government certificate  
            

CHAPTER 3--Accredited properties
            

   PART 1--INTRODUCTION

   77.     Simplified outline of this Chapter  

   PART 2--APPLICATION--FOR ACCREDITATION

   78.     Application for accreditation of property  
   79.     Secretary must decide whether to accredit property  
   80.     Conditions of accreditation  
   81.     Notice of decision  
   82.     Period of effect of accreditation  

   PART 3--RENEWAL--OF ACCREDITATION

   83.     Application to renew accreditation of property  
   84.     Secretary must decide whether to renew accreditation  
   85.     Conditions of renewed accreditation  
   86.     Notice of decision  

   PART 4--VARIATION--OF ACCREDITATION

           Division 1--Application by manager

   87.     Application by manager for variation of accreditation or approval of alteration of property  
   88.     Notice of variation or approval of alteration  
   89.     Certain variations must not be made unless approved  

           Division 2--Variation by Secretary

   90.     Secretary may make variations in relation to accreditation  
   91.     Notice of variation  

   PART 5--SUSPENSION--OF ACCREDITATION

           Division 1--Suspension requested by manager

   92.     Manager may request suspension  
   93.     Request to revoke suspension  

           Division 2--Suspension by Secretary

   94.     Grounds for suspension--general  
   95.     Grounds for suspension--overdue relevant Commonwealth liability  
   96.     Notice of suspension  
   97.     Period of suspension  
   98.     Revocation of suspension  

           Division 3--Other provisions

   99.     Effect of suspension  
   100.    Export operations must not be carried out while accreditation suspended  

   PART 6--REVOCATION--OF ACCREDITATION

           Division 1--Revocation requested by manager

   101.    Manager may request revocation  

           Division 2--Revocation by Secretary

   102.    Grounds for revocation--general  
   103.    Grounds for revocation--overdue relevant Commonwealth liability  
   104.    Notice of revocation  

           Division 3--Other provisions

   105.    Secretary may require action to be taken after accreditation revoked  

   PART 7--OBLIGATIONS--OF MANAGERS OF ACCREDITED PROPERTIES ETC.

   106.    Conditions of accreditation must not be contravened  
   107.    Additional or corrected information in relation to application for accreditation etc.  
   108.    Notice of event or change in circumstances  
   109.    Notice of person ceasing to be manager of accredited property  
            

CHAPTER 4--Registered establishments
            

   PART 1--INTRODUCTION

   110.    Simplified outline of this Chapter  

   PART 2--APPLICATION--FOR REGISTRATION

   111.    Application for registration of establishment  
   112.    Secretary must decide whether to register establishment  
   113.    Conditions of registration  
   114.    Notice of decision and certificate of registration  
   115.    Period of effect of registration  

   PART 3--RENEWAL--OF REGISTRATION

   116.    Application to renew registration of establishment  
   117.    Secretary must decide whether to renew registration  
   118.    Conditions of renewed registration  
   119.    Notice of decision and certificate of registration  

   PART 4--VARIATION--OF REGISTRATION

           Division 1--Application by occupier

   120.    Application by occupier for variation of registration or approval of alteration of establishment  
   121.    Notice of variation or approval of alteration  
   122.    Certain alterations of registered establishment must not be made unless approved etc.  

           Division 2--Variation by Secretary

   123.    Secretary may make variations in relation to registration  
   124.    Notice of variation  

   PART 5--SUSPENSION--OF REGISTRATION

           Division 1--Suspension requested by occupier

   125.    Occupier may request suspension  
   126.    Request to revoke suspension  

           Division 2--Suspension by Secretary

   127.    Grounds for suspension--general  
   128.    Grounds for suspension--overdue relevant Commonwealth liability  
   129.    Notice of suspension  
   130.    Period of suspension  
   131.    Revocation of suspension  

           Division 3--Direction to cease carrying out export operations

   132.    Direction to cease carrying out export operations--failure to comply with conditions or requirements of this Act etc.  
   133.    Occupier must comply with direction  
   134.    Revocation of direction  

           Division 4--Other provisions

   135.    Effect of suspension  
   136.    Export operations must not be carried out while registration suspended  

   PART 6--REVOCATION--OF REGISTRATION

           Division 1--Revocation requested by occupier

   137.    Occupier may request revocation  

           Division 2--Revocation by Secretary

   138.    Grounds for revocation--general  
   139.    Grounds for revocation--overdue relevant Commonwealth liability  
   140.    Notice of revocation  

           Division 3--Other provisions

   141.    Export operations must not be carried out after registration of establishment revoked  
   142.    Secretary may require action to be taken after registration revoked  

   PART 7--OBLIGATIONS--OF OCCUPIERS OF REGISTERED ESTABLISHMENTS

   143.    Export operations not covered by registration must not be carried out  
   144.    Conditions of registration must not be contravened  
   145.    Additional or corrected information in relation to application for registration etc.  
   146.    Notice of changes to occupier of registered establishment  
   147.    Notice of person ceasing to be occupier of registered establishment  

   PART 8--OTHER--MATTERS

   148.    Register of registered establishments  
            

CHAPTER 5--Approved arrangements
            

   PART 1--INTRODUCTION

   149.    Simplified outline of this Chapter  

   PART 2--APPROVAL--OF PROPOSED ARRANGEMENT

   150.    Application for approval of proposed arrangement  
   151.    Secretary must decide whether to approve proposed arrangement  
   152.    Conditions of approved arrangement  
   153.    Notice of decision  
   154.    Period of effect of approved arrangement  

   PART 3--RENEWAL--OF APPROVED ARRANGEMENT

   155.    Application to renew approved arrangement  
   156.    Secretary must decide whether to renew approved arrangement  
   157.    Conditions of renewed approved arrangement  
   158.    Notice of decision  

   PART 4--VARIATION--OF APPROVED ARRANGEMENT

           Division 1--Variations by holder

              Subdivision A--Non-significant variations

   159.    Holder may make non - significant variations of approved arrangement  
   160.    Date of effect of varied approved arrangement  

              Subdivision B--Significant variations and variation of conditions

   161.    Application by holder for approval of approved alternative regulatory arrangement or other significant variation or to vary conditions  
   162.    Notice of variation  
   163.    Varied approved arrangement must not be implemented unless variation approved etc.  

              Subdivision C--Matters relating to whether proposed variation of approved arrangement is significant

   164.    Matters to which regard must be had in considering whether proposed variation of approved arrangement is significant  

           Division 2--Variation required or made by Secretary

   165.    Secretary may require approved arrangement to be varied or make certain variations of approved arrangement  
   166.    Variations required by the Secretary  
   167.    Varied approved arrangement must not be implemented unless approved etc.  
   168.    Notice of variations made by the Secretary  

   PART 5--SUSPENSION--OF APPROVED ARRANGEMENT

           Division 1--Suspension requested by holder

   169.    Holder may request suspension  
   170.    Request to revoke suspension  

           Division 2--Suspension by Secretary

   171.    Grounds for suspension--general  
   172.    Grounds for suspension--overdue relevant Commonwealth liability  
   173.    Notice of suspension  
   174.    Period of suspension  
   175.    Revocation of suspension  

           Division 3--Other provisions

   176.    Effect of suspension  
   177.    Export operations must not be carried out while approved arrangement suspended  

   PART 6--REVOCATION--OF APPROVED ARRANGEMENT

           Division 1--Revocation requested by holder

   178.    Holder may request revocation  

           Division 2--Revocation by Secretary

   179.    Grounds for revocation--general  
   180.    Grounds for revocation--overdue relevant Commonwealth liability  
   181.    Notice of revocation  

           Division 3--Other provisions

   182.    Export operations must not be carried out after approved arrangement revoked  
   183.    Secretary may require action to be taken after approved arrangement revoked  

   PART 7--OBLIGATIONS--OF HOLDERS OF APPROVED ARRANGEMENTS

   184.    Conditions of approved arrangement must not be contravened  
   185.    Additional or corrected information in relation to application to approve proposed arrangement etc.  
   186.    Notice of changes to holder of approved arrangement  
   187.    Notification of conviction of serious offence  
   188.    Notice of person ceasing to operate business etc. covered by approved arrangement  
            

CHAPTER 6--Export licences
            

   PART 1--INTRODUCTION

   189.    Simplified outline of this Chapter  

   PART 2--GRANT--OF EXPORT LICENCE

   190.    Application for export licence  
   191.    Secretary must decide whether to grant export licence  
   192.    Conditions of export licence  
   193.    Matters to be stated in export licence  
   194.    Period of effect of export licence  

   PART 3--RENEWAL--OF EXPORT LICENCE

   195.    Application to renew export licence  
   196.    Secretary must decide whether to renew export licence  
   197.    Conditions of renewed export licence  
   198.    Matters to be stated in renewed export licence  

   PART 4--VARIATION--OF EXPORT LICENCE

           Division 1--Application by holder

   199.    Application by holder for variation of export licence  
   200.    Notice of variation  

           Division 2--Variation by Secretary

   201.    Secretary may make variations in relation to export licence  
   202.    Notice of variation  

   PART 5--SUSPENSION--OF EXPORT LICENCE

           Division 1--Suspension requested by holder

   203.    Holder may request suspension  
   204.    Request to revoke suspension  

           Division 2--Suspension by Secretary

   205.    Grounds for suspension--general  
   206.    Grounds for suspension--overdue relevant Commonwealth liability  
   207.    Notice of suspension  
   208.    Period of suspension  
   209.    Revocation of suspension  

           Division 3--Other provisions

   210.    Effect of suspension  

   PART 6--REVOCATION--OF EXPORT LICENCE

           Division 1--Revocation requested by holder

   211.    Holder may request revocation  

           Division 2--Revocation by Secretary

   212.    Grounds for revocation--general  
   213.    Grounds for revocation--overdue relevant Commonwealth liability  
   214.    Notice of revocation  

           Division 3--Other provisions

   215.    Export operations must not be carried out after export licence revoked  
   216.    Secretary may require action to be taken after export licence revoked  

   PART 7--OBLIGATIONS--OF HOLDERS OF EXPORT LICENCES

   217.    Conditions of export licence must not be contravened  
   218.    Additional or corrected information in relation to application for licence etc.  
   219.    Notice of changes to holder of export licence  

   PART 8--OTHER--MATTERS

   220.    Persons who participate in the management or control of another person's export business  
   221.    Secretary's powers in relation to associates of holder of export licence  
   222.    Secretary may give directions to holder of export licence  
            

CHAPTER 7--Export permits
            

   PART 1--INTRODUCTION

   223.    Simplified outline of this Chapter  

   PART 2--ISSUE--OF EXPORT PERMIT

   224.    Application for export permit  
   225.    Secretary must decide whether to issue export permit  
   226.    Requirements for export permit  
   227.    Conditions of export permit  
   228.    Period of effect of export permit  

   PART 3--VARIATION--, SUSPENSION AND REVOCATION OF EXPORT PERMIT

   229.    Secretary may vary export permit or conditions of permit  
   230.    Period of effect of varied export permit  
   231.    Secretary may suspend export permit  
   232.    Effect of suspension  
   233.    Secretary may revoke export permit  

   PART 4--OTHER--MATTERS

   234.    Secretary may require assessment of goods  
   235.    Additional or corrected information in relation to application for export permit etc.  
   236.    Return of export permit  
   237.    Notification that goods not to be exported  

   PART 5--APPLICATIONS--FOR EXPORT PERMITS

   238.    Applications to which this Part applies  
   239.    Requirements for applications  
   240.    Additional or corrected information  
   241.    Powers of Secretary in relation to application  
            

CHAPTER 8--Other matters relating to export
            

   PART 1--NOTICES--OF INTENTION TO EXPORT

           Division 1--Introduction

   242.    Simplified outline of this Part  

           Division 2--Notices of intention to export

   243.    Notice of intention to export--general  
   244.    Additional or corrected information  

   PART 2--TRADE--DESCRIPTIONS

           Division 1--Introduction

   245.    Simplified outline of this Part  

           Division 2--Trade descriptions for prescribed goods

   246.    Meaning of trade description  
   247.    When a trade description is applied to goods  
   248.    Rules may make provision in relation to trade descriptions  
   249.    Conduct that contravenes rules  
   250.     Alteration of or interference with trade description  

           Division 3--False trade descriptions for prescribed goods

   251.    Meaning of false trade description  
   252.    False trade description must not be applied to prescribed goods  
   253.    Goods with false trade description must not be exported etc.  

   PART 3--OFFICIAL--MARKS

           Division 1--Introduction

   254.    Simplified outline of this Part  

           Division 2--Rule-making powers

   255.    Official marks  
   256.    Marks resembling official marks  
   257.    Official marking devices  

           Division 3--Offences and civil penalty provisions

   258.    Conduct that contravenes rules  
   259.     Applying a false, misleading or deceptive official mark to goods  
   260.    Applying a false, misleading or deceptive official mark to a document  
   261.    Conduct that results in official mark applied to goods being altered to be false, misleading or deceptive  
   262.    Conduct that results in official mark applied to a document being altered to be false, misleading or deceptive  

   PART 4--TARIFF--RATE QUOTAS

           Division 1--Introduction

   263.    Simplified outline of this Part  

           Division 2--Tariff rate quota systems

   264.    Tariff rate quota systems  
            

CHAPTER 9--Powers and officials
            

   PART 1--AUDITS

           Division 1--Introduction

   265.    Simplified outline of this Part  

           Division 2--General

   266.    Audits of export operations  
   267.    Audits in relation to persons performing functions or exercising powers under this Act  
   268.    Single audit or program of audits may be required  
   269.    Relevant person for an audit  
   270.    Conduct of audit  
   271.    Relevant person for an audit must provide assistance  
   272.    Powers of auditors  

           Division 3--Approved auditors

   273.    Secretary may approve persons to conduct audits  
   274.    Rules may provide for classes of persons to be auditors  
   275.    Approved auditors may charge fees  

   PART 2--ASSESSMENT--OF GOODS

           Division 1--Introduction

   276.    Simplified outline of this Part  

           Division 2--General

   277.    Circumstances in which an assessment may be carried out etc.  
   278.    Relevant person for an assessment of goods  
   279.    Process for carrying out an assessment of goods etc.  
   280.    Powers that may be exercised in carrying out an assessment of goods  

           Division 3--Approved assessors

   281.    Secretary may approve persons to carry out assessments of goods  
   282.    Rules may provide for classes of persons to be assessors  
   283.    Approved assessors may charge fees  

   PART 3--POWERS--OF THE SECRETARY

           Division 1--Introduction

   284.    Simplified outline of this Part  

           Division 2--Powers of the Secretary

   285.    Power to require information or documents  
   286.    Power to arrange for certain decisions to be made by computer programs  
   287.    Rules may authorise Commonwealth to enter into arrangements under which money may be paid for certain purposes  
   288.    Delegation and subdelegation  
   289.    Minister may give directions to Secretary  

   PART 4--AUTHORISED--OFFICERS

           Division 1--Introduction

   290.    Simplified outline of this Part  

           Division 2--Authorisation

   291.    Authorisation of persons to be authorised officers  
   292.    Conditions of authorisation  
   293.    Third party authorised officers must not contravene conditions of authorisation  
   294.    Arrangements for State or Territory officers or employees to be authorised officers  

           Division 3--Variation, suspension and revocation of authorisation

              Subdivision A--Variation, suspension and revocation on Secretary's own initiative

   295.    Variation of authorisation  
   296.    Suspension of authorisation  
   297.    Revocation of authorisation  
   298.    Notice of proposed action must be given to third party authorised officer  

              Subdivision B--Variation, suspension and revocation on application or request by third party authorised officer

   298A.   Application for variation of authorisation  
   298B.   Additional or corrected information  
   298C.   Request for suspension of authorisation  
   298D.   Request for revocation of authorisation  

              Subdivision C--Other provisions

   299.    Secretary may request notification of certain events by suspended third party authorised officer  

           Division 4--Functions and powers

   300.    Rules may confer functions or powers on authorised officers  
   301.    Functions and powers of authorised officers  
   302.    Third party authorised officer must not contravene direction  
   303.    Certain authorised officers may charge fees  
   304.    Direction to assist persons performing functions etc. under this Act  
   305.    Direction to deal with non - compliance with the requirements of this Act etc.  

           Division 5--Miscellaneous

   306.    Identity cards  
   307.    Offence--failure to return identity card  
   308.    Certain goods or services must not be provided to, or received by, authorised officers  
   309.    General provisions relating to directions  

   PART 5--ACCREDITED--VETERINARIANS AND APPROVED EXPORT PROGRAMS

           Division 1--Introduction

   310.    Simplified outline of this Part  

           Division 2--Approved export programs

   311.    Approved export programs  
   312.    Accreditation of veterinarians  
   313.    Secretary may direct authorised officers to carry out certain export operations in approved export program  
   314.    Secretary may direct authorised officer to monitor or review export operations in approved export programs  

           Division 3--Offences and civil penalty provisions

   315.    Offence--person other than accredited veterinarian or authorised officer carrying out export operations in approved export program  
   316.    Strict liability offence--failure to keep records or provide reports in relation to approved export program  
   317.    Strict liability offence--failure to remedy deficiency in carrying out approved export program  
   318.    Offence--failure to ensure accredited veterinarian is engaged to carry out relevant export operations in approved export program  
   319.    Strict liability offence--contravening requirement to allow accredited veterinarian etc. to accompany eligible live animals during transport to overseas destination  
   320.    Person must not obstruct or hinder accredited veterinarians etc. carrying out export operations in approved export program  
   321.    Strict liability offence--contravening requirement to provide reasonable facilities and assistance to accredited veterinarian etc.  

           Division 4--Extended geographical operation of offences

   322.    Extended geographical operation of offences  
            

CHAPTER 10--Compliance and enforcement
            

   PART 1--INTRODUCTION

   323.    Simplified outline of this Part  
   324.    Modified meaning of authorised officer  

   PART 2--MONITORING

           Division 1--Introduction

   325.    Simplified outline of this Part  

           Division 2--Monitoring under Part 2 of the Regulatory Powers Act

   326.    Basic monitoring powers under Part 2 of the Regulatory Powers Act  
   327.    Modifications of Part 2 of the Regulatory Powers Act  

   PART 3--INVESTIGATION

           Division 1--Introduction

   328.    Simplified outline of this Part  

           Division 2--Investigating under Part 3 of the Regulatory Powers Act

   329.    Basic investigation powers under Part 3 of the Regulatory Powers Act  
   330.    Modifications of Part 3 of the Regulatory Powers Act  

   PART 4--ENTRY--TO ADJACENT PREMISES

           Division 1--Introduction

   331.    Simplified outline of this Part  
   332.    Modified meaning of premises  

           Division 2--Entering adjacent premises to gain access to other premises

   333.    Entering adjacent premises to gain access to other premises  
   334.    Entry under adjacent premises warrant  

           Division 3--Adjacent premises warrants

   335.    Application and issue of adjacent premises warrant  

           Division 4--Obligations and powers of authorised officers

   336.    Consent  
   337.    Announcement before entry under warrant  
   338.    Authorised officer to be in possession of warrant  
   339.    Details of warrant etc. to be provided  
   340.    Use of force in executing a warrant  

           Division 5--Appropriate person's rights and responsibilities

   341.    Right to observe execution of warrant  
   342.    Responsibility to provide facilities and assistance  

           Division 6--Powers of issuing officers

   343.    Powers of issuing officers  

   PART 5--ENTERING--AND EXERCISING POWERS ON PREMISES WITHOUT A WARRANT OR CONSENT

           Division 1--Introduction

   344.    Simplified outline of this Part  
   345.    Premises to which this Part applies  

           Division 2--Monitoring and searching relevant premises

   346.    Monitoring relevant premises  
   347.    Offence - related searches and seizures  

           Division 3--Obligations and powers of authorised officers

   348.    Announcement before entry  
   349.    Use of force in entering premises  

           Division 4--Appropriate person's rights and responsibilities

   350.    Right to observe exercise of powers  
   351.    Responsibility to provide facilities and assistance  

   PART 6--POWERS--IN EMERGENCY SITUATIONS

           Division 1--Introduction

   352.    Simplified outline of this Part  

           Division 2--Powers that may be exercised in or on premises in emergency situations

   353.    Securing evidential material without consent or warrant in emergency situation  
   354.    Stopping and searching conveyance without warrant in emergency situation  

   PART 7--CIVIL--PENALTIES

           Division 1--Introduction

   355.    Simplified outline of this Part  

           Division 2--Civil penalties under Part 4 of the Regulatory Powers Act

   356.    Basic operation of civil penalties under Part 4 of the Regulatory Powers Act  

   PART 8--INFRINGEMENT--NOTICES

           Division 1--Introduction

   358.    Simplified outline of this Part  

           Division 2--Infringement notices under Part 5 of the Regulatory Powers Act

   359.    Basic provisions for infringement notices under Part 5 of the Regulatory Powers Act  
   360.    Modifications of Part 5 of the Regulatory Powers Act  

   PART 9--ENFORCEABLE--UNDERTAKINGS

           Division 1--Introduction

   361.    Simplified outline of this Part  

           Division 2--Accepting and enforcing undertakings under Part 6 of the Regulatory Powers Act

   362.    Enforceable undertakings  

   PART 10--INJUNCTIONS

           Division 1--Introduction

   363.    Simplified outline of this Part  

           Division 2--Injunctions under Part 7 of the Regulatory Powers Act

   364.    Injunctions  

   PART 10A--LIABILITY--OF EXECUTIVE OFFICERS AND ADVERSE PUBLICITY ORDERS

   364A.   Simplified outline of this Part  
   364B.   Criminal liability for executive officers of bodies corporate  
   364C.   Civil liability for executive officers of bodies corporate  
   364D.   Civil penalty--indemnification of executive officers  
   364E.   Certain indemnities not authorised and certain documents void  
   364F.   Adverse publicity orders  

   PART 11--MISCELLANEOUS

           Division 1--Introduction

   365.    Simplified outline of this Part  

           Division 2--Persons assisting authorised officers

   366.    Persons assisting authorised officers  

           Division 3--Civil penalty provisions for false or misleading information or documents

   367.    Civil penalty provision for false or misleading statements in applications  
   368.    Civil penalty provision for false or misleading information  
   369.    Civil penalty provision for false or misleading documents  

           Division 4--General rules about offences and civil penalty provisions

   370.    Physical elements of offences  
   371.    Contravening an offence provision or a civil penalty provision  

           Division 5--Fit and proper person test

   372.    Fit and proper person test  
   373.    Rules may prescribe kinds of persons that are required to be fit and proper persons for the purposes of Chapter 5 or 6  
   374.    Notification of conviction of offence or order to pay pecuniary penalty  
            

CHAPTER 11--Miscellaneous
            

   PART 1--MATTERS--RELATING TO APPLICATIONS

           Division 1--Introduction

   375.    Simplified outline of this Part  

           Division 2--Matters relating to certain applications

   376.    Applications to which this Division applies  
   377.    Requirements for applications  
   378.    Additional or corrected information  
   379.    Dealing with applications  

   PART 1A--ALTERNATIVE--REGULATORY ARRANGEMENTS

           Division 1--Introduction

   379A.   Simplified outline of this Part  

           Division 2--Alternative regulatory arrangements

   379B.   Application to approve alternative regulatory arrangement  
   379C.   Secretary must decide whether to approve alternative regulatory arrangement  

   PART 2--REVIEW--OF DECISIONS

           Division 1--Introduction

   380.    Simplified outline of this Part  

           Division 2--Review of decisions

   381.    Reviewable decisions  
   382.    Notice of decision  
   383.    Internal review of reviewable decisions  
   384.    Secretary may require further information from applicants  
   385.    Review by the Administrative Review Tribunal  
   386.    Review of decisions relating to tariff rate quota entitlements or tariff rate quota certificates  

   PART 3--INFORMATION--MANAGEMENT

           Division 1--Introduction

   387.    Simplified outline of this Part  

           Division 2--Authorised uses and disclosures of relevant information

   388.    Use or disclosure for the purposes of this Act  
   389.    Disclosure to foreign governments etc. for export, trade and other purposes  
   390.    Use or disclosure for the purposes of certain Acts  
   391.    Disclosure to a Commonwealth entity  
   392.    Disclosure to a court, tribunal etc.  
   393.    Disclosure for the purposes of law enforcement  
   394.    Use or disclosure for research, policy development or data analysis  
   395.    Use or disclosure of statistics  
   396.    Use or disclosure of publicly available information  
   397.    Disclosure to person to whom information relates  
   397A.   Use or disclosure with consent  
   397B.   Disclosure to person who provided information  
   397C.   Disclosure to State or Territory body  
   397D.   Use or disclosure to manage severe and immediate threats  
   397E.   Use or disclosure authorised by rules  

           Division 3--Protected information

   397F.   Meaning of protected information  
   397G.   Offence and civil penalty--use or disclosure of protected information  

   PART 4--COST--RECOVERY

           Division 1--Introduction

   398.    Simplified outline of this Part  

           Division 2--Fees

   399.    Fees and other rules for fee - bearing activities  

           Division 3--Payment of cost-recovery charges

   400.    Paying cost - recovery charges  
   401.    Person liable to pay cost - recovery charges  
   402.    Notional payments by the Commonwealth  

           Division 4--Unpaid cost-recovery charges

   403.    Late payment fee  
   404.    Recovery of cost - recovery charges  

           Division 5--Miscellaneous

   405.    Secretary may remit or refund cost - recovery charges  
   406.    Secretary may direct that activities not be carried out  

   PART 5--RECORDS

           Division 1--Introduction

   407.    Simplified outline of this Part  

           Division 2--Records

   408.    Requirements to retain records  

   PART 6--MISCELLANEOUS

           Division 1--Introduction

   409.    Simplified outline of this Part  

           Division 2--Taking, testing and analysing samples

   410.    Methods for taking, testing and analysing certain samples  
   411.    Storage of samples  
   412.    Test or analysis may result in destruction or reduction in value of sample  
   413.    Appointment of analyst  
   414.    Analyst may give certificate  
   415.    Admission of analyst's certificate in proceedings  

           Division 3--Forfeiture of goods

   416.    Forfeiture of goods  

           Division 4--Damaged and destroyed goods etc.

   417.    Person complying with direction or request must not damage or destroy goods  
   418.    Goods seized in certain circumstances may be destroyed  
   419.    Compensation for damaged or destroyed goods  
   420.    Claims for, and amount of, compensation  

           Division 5--Partnerships, unincorporated associations and trusts

   421.    Treatment of partnerships  
   422.    Treatment of unincorporated associations  
   423.    Treatment of trusts  

           Division 6--Matters relating to export of livestock

   424.    Report to Parliament about export of livestock  

           Division 6A--Assistance in relation to the phasing out of the export of live sheep by sea

              Subdivision A--Arrangements and grants

   424A.   Arrangements and grants in relation to the phasing out of the export of live sheep by sea  
   424B.   Executive power of the Commonwealth  
   424C.   Inclusion of information in annual reports  
   424D.   Delegation  

              Subdivision B--Programs

   424E.   Programs in relation to the phasing out of the export of live sheep by sea  
   424F.   Arrangements in relation to prescribed programs  
   424G.   Terms and conditions for arrangements in relation to prescribed programs  
   424H.   Delegation  
   424J.   Inclusion of information in annual reports  
   424K.   Executive power of the Commonwealth  
   424L.   Relationship of this Subdivision with the Public Governance, Performance and Accountability Act 2013  

           Division 7--Miscellaneous

   425.    Compensation for acquisition of property  
   426.    Privilege against self - incrimination  
   427.    Hindering compliance with the Act etc.  
   427A.   Influencing a person performing functions or duties or exercising powers  
   428.    Power or requirement to do or cause a thing to be done  
   429.    Arrangements with States and Territories to assist in carrying out this Act  
   430.    Protection from civil proceedings  
   431.    Circumstances in which relevant Commonwealth liability of a person is taken to have been paid  
   432.    Rules  


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